Last Updated on Tuesday, 11 October 2022, 13:35 by Denis Chabrol
John Fernandes Limited (JFL) on Tuesday refused a GY$20 million refund of payment for 143.10 acres of privately-owned lands in Beterverwagting (BV) that the Neighbourhood Council said in the first place it had no right to sell, the Chairman of the BV-Triumph Council said.
He told Demerara Waves Online News that Tuesday was the first time ever that JFL admitted in a letter that accompanied the cheque that it has transferred its rights to Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc. “They sent a letter with it (cheque) stating that although they are not interested in the land in Section ‘G’, they transferred their rights to Mohamed, Sons and Daughters.”
According to the letter signed by JFL’s Company Secretary Zach Gonsalves, “We indicate that while JFL has no intentions of purchasing the property, you would appreciate that all our rights under the contract between the NDC and JFL have been signed over to Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc. Based on the aforementioned, we have no other choice but to return the cheque.”
Mr Bagot said the letter from the company proved that it was acting in bad faith, having already publicly stating that it no longer wanted to buy the lands as they are privately-owned and was somewhere that should not be sold. “All of my lawyers have advised that the only way we can finish this once and for all is by going to the courts and proving to the courts that the lands are not ours and we cannot sell what is not ours” Mr Bagot said.
With Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc. already moving to the High Court to compel the Council to process the conveyancing of the land or alternatively for the Registrar of Deeds to pass the transport, the Council Chairman said his elected body was ready to prove to the court that the lands are owed by private persons and the Council could not sell them.
The BV-Triumph Neighbourhood Council is expected to meet in a special session to consider this latest development by JFL.
Despite the fact that JFL had said that it was no longer going ahead with the acquisition of the land, the NDC Chairman produced a Deed of Assignment of all rights, title, interest and benefits under the agreement of sale that was entered into on May 24, 2022 by JFL’s Company Secretary Zach Gonsalves and John Mohammed Johnson on behalf of Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc.
It was seen by Notary Public Bibi Shadick on June 10, 2022 and registered and certified on June 13, 2022. Court records show that the law firm of Hughes, Fields and Stoby is representing Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc.
The records show that Attorney-at-Law Edrianna Stephen from Hughes, Fields and Stoby on July 21, 2022 wrote the NDC Overseer Michelle Otto on behalf of Mohamed and Sons and Daughters, Trading, Mining, Logging and Construction Inc. requesting that the conveyancing be done for the land cited in the Agreement of Sale and Deed of Assignment or face legal action within 14 days.
On April 29, 2022, Junior Minister of Local Government and Regional Development Anand Persaud told Region Four Regional Executive Officer Donald Gajraj that since JFL had indicated that it was no longer interested in proceeding with the agreement of sale for lands at Areas F and G, Beterverwagting, the agreement should be rescinded and all monies paid are to be refunded by the BV-Triumph NDC.
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